[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Proposed Rules]
[Pages 56683-56693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14927]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0647, FRL-12038-01-R2]


Approval and Promulgation of State Implementation Plans; New 
Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the demonstration portions of the comprehensive State 
Implementation Plan (SIP) revision submitted by New Jersey that certify 
that the State has satisfied the requirements for an emission statement 
program, certify that the State has satisfied the requirements for an 
ozone nonattainment new source review program, certify that the State 
has satisfied the requirements for a nonattainment emission inventory, 
and certify that the State has satisfied the requirements for clean 
fuels for fleets. The EPA is also proposing to approve New Jersey's 
reasonable further progress plans and associated motor vehicle emission 
budgets for both the Moderate and Serious classifications of the 2008 
ozone NAAQS. These actions are being taken in accordance with the 
requirements of the Clean Air Act.

DATES: Written comments must be received on or before August 9, 2024.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0647 at https://www.regulations.gov. Although listed in 
the index, some information is not publicly available, e.g., Controlled 
Unclassified Information (CUI) (formally referred to as Confidential 
Business Information (CBI)) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available electronically through https://www.regulations.gov. Follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. The EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be CUI or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CUI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866, at 
(212) 637-3378, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 
    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.

Table of Contents:

I. What did New Jersey submit?
II. Background
III. Summary and Evaluation of New Jersey's Ozone Related SIP 
Elements
    a. Emission Inventory
    b. Reasonable Further Progress
    c. Motor Vehicle Emission Budgets
    d. Emission Statement Certification
    e. Ozone Nonattainment New Source Review (NNSR)
    f. Clean Fuels for Fleets
IV. EPA's Proposed Action
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews

[[Page 56684]]

I. What did New Jersey submit?

    On November 23, 2021, New Jersey submitted a State implementation 
plan (SIP) revision for purposes of addressing planning elements for 
the 2008 and 2015 ozone 8-hour National Ambient Air Quality Standard 
(NAAQS) for the New Jersey portion of the New York-Northern New Jersey-
Long Island (NY-NJ-CT) nonattainment area (also referred to as the New 
York Metro Area or NYMA) and the New Jersey portion of the 
Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) nonattainment area 
(also referred to as the Philadelphia area). Within this comprehensive 
SIP, the State included its reasonable further progress plan and motor 
vehicle emission budgets for New Jersey's portion of the NYMA for the 
2008 ozone Serious classification, certification that the State has 
satisfied the requirements for an ozone nonattainment new source review 
(NNSR) program for the 2015 ozone NAAQS in both nonattainment areas and 
statewide pursuant to requirements for States located in the Ozone 
Transport Region (OTR), certification that the statewide NNSR also 
satisfies the requirements for the State's Serious classification in 
the NYMA area for the 2008 Ozone NAAQS, certification that the State 
has satisfied the requirements for a nonattainment emission inventory 
for the 2015 ozone NAAQS in both nonattainment areas, certification 
that the State has satisfied the requirements of an emission statement 
program for the 2008 ozone Serious classification for the NYMA 
nonattainment area, and certification that the State has satisfied the 
requirements for clean fuels for fleet for the NYMA.
    In addition, New Jersey also submitted a comprehensive SIP revision 
on January 2, 2018. Within that submittal, New Jersey included the 
reasonable further progress plan and motor vehicle emission budgets for 
the 2008 ozone Moderate classification of the State's portion of the 
NYMA. Planning elements addressed in this proposal from New Jersey's 
comprehensive January 2, 2018, and November 23, 2021, SIP submissions 
along with the respective ozone NAAQS classification and nonattainment 
areas are outlined in Table 1.
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    \1\ In New Jersey's November 23, 2021, SIP Submission, the State 
also certified its Enhanced Motor Vehicle Inspection and Maintenance 
(I/M) Program for the 2008 Ozone NAAQS Serious classification. New 
Jersey's certification for its Enhanced Motor Vehicle I/M Program 
for the Serious classification for the 2008 Ozone NAAQS will be 
addressed under a separate future rulemaking and is not addressed 
within this proposal.

  Table 1--SIP Elements Addressed in New Jersey's Comprehensive SIP Revision Submitted on January 2, 2018, and
                                                November 23, 2021
----------------------------------------------------------------------------------------------------------------
   Ozone NAAQS & classification          SIP element        Nonattainment areas        SIP submission date
----------------------------------------------------------------------------------------------------------------
2008 Ozone NAAQS--Moderate          Reasonable Further     New Jersey's portion  January 2, 2018.
 Classification.                     Progress plan and      of the New York-
                                     Motor Vehicle          Northern New Jersey-
                                     Emission Budgets.      Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           Reasonable Further     New Jersey's portion  November 23, 2021.
 Classification.                     Progress plan and      of the New York-
                                     Motor Vehicle          Northern New Jersey-
                                     Emission Budgets.      Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           New Source Review      New Jersey's portion  November 23, 2021.
 Classifications.                    Program (NNSR)         of the New York-
                                     certification.         Northern New Jersey-
                                                            Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           Certification of the   New Jersey's portion  November 23, 2021.
 Classification.                     State's Emission       of the New York-
                                     Statement Program.     Northern New Jersey-
                                                            Long Island (NY-NJ-
                                                            CT).
2008 Ozone NAAQS--Serious           Clean Fuels for        New Jersey's portion  November 23, 2021.
 Classification.                     Fleets \1\.            of the New York-
                                                            Northern New Jersey-
                                                            Long Island (NY-NJ-
                                                            CT).
2015 Ozone NAAQS--Marginal &        New Source Review      New Jersey's portion  November 23, 2021.
 Moderate Classifications.           Program (NNSR).        of the Philadelphia-
                                                            Wilmington-Atlantic
                                                            City (PA-NJ-MD-DE)
                                                            & New Jersey's
                                                            portion of the New
                                                            York-Northern New
                                                            Jersey-Long Island
                                                            (NY-NJ-CT).
2015 Ozone NAAQS--OTR.............  New Source Review      Statewide...........  November 23, 2021.
                                     Program (NNSR).
2015 Ozone NAAQS--Marginal &        Nonattainment          New Jersey's portion  November 23, 2021.
 Moderate Classifications.           emission inventory     of the Philadelphia-
                                     under CAA Section      Wilmington-Atlantic
                                     182(a)(1).             City (PA-NJ-MD-DE)
                                                            & New Jersey's
                                                            portion of the New
                                                            York-Northern New
                                                            Jersey-Long Island
                                                            (NY-NJ-CT).
----------------------------------------------------------------------------------------------------------------

    New Jersey's comprehensive November 23, 2021, SIP submission also 
addressed the requirement for Reasonably Available Control Technology 
(RACT) \2\ for the 2008 8-hour ozone National Ambient Air Quality 
Standard (NAAQS or standard) in New Jersey's portion of the New York-
Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area for the 
Serious classification. The November 2021 submittal addressed New 
Jersey's requirement for Moderate area RACT for the 2015 NAAQS in the 
NYMA and the requirements for RACT for the 2015 ozone NAAQS throughout 
the entire State for New Jersey's obligation to meet RACT within the 
Ozone Transport Region (OTR). The EPA will address New Jersey's RACT 
certifications outlined within the State's November 23, 2021, SIP 
submission in a separate rulemaking action.
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    \2\ The EPA has defined RACT as the lowest emission limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility (44 FR 53762, September 17, 
1979).
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II. Background

    In 2008, EPA revised the health-based NAAQS for ozone, setting it 
at 0.075 parts per million (ppm), or 75 parts per billion (ppb), 
averaged over an 8-hour time frame. See 73 FR 16436 (March 27, 2008). 
The EPA determined that the revised 8-hour standard would be more 
protective of human health, especially with regard to children and 
adults who are active outdoors and individuals with a pre-existing 
respiratory disease such as asthma. See id.
    On May 21, 2012, the EPA published in the Federal Register its 
final attainment/nonattainment designations for areas across the 
country with respect to the 2008 8-hour ozone standard. See

[[Page 56685]]

77 FR 30088. This action became effective on July 20, 2012. Within that 
action, the entire State of New Jersey was designated as Marginal 
nonattainment for the 2008 8-hour ozone standard since both portions of 
the State reside in either the New York-Northern New Jersey-Long 
Island, NY-NJ-CT nonattainment area, also referred to as the New York 
Metropolitan Area (NYMA), and the Philadelphia-Wilmington-Atlantic 
City, PA-NJ-MD-DE nonattainment areas.\3\ The New Jersey portion of the 
NYMA, is composed of Bergen, Essex, Hudson, Hunterdon, Middlesex, 
Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren Counties. 
On May 4, 2016, the EPA determined that the NYMA nonattainment area did 
not attain the 2008 ozone standard by the July 20, 2015, attainment 
date and was reclassified from a Marginal to a Moderate nonattainment 
area. See 81 FR 26697. State implementation plans for Moderate 
nonattainment areas were due by January 1, 2017. See id. Since the NYMA 
was reclassified to a Moderate nonattainment area, New Jersey, on 
January 2, 2018, submitted a comprehensive SIP revision, including an 
attainment demonstration and reasonable further progress plan among 
other required SIP elements related to the 2008 8-hour ozone standard 
for the Moderate classification. Subsequently, the NYMA nonattainment 
area also failed to meet the Moderate July 20, 2018, attainment date. 
Therefore, on August 23, 2019, EPA published a final rule that 
reclassified the NYMA, and other States' nonattainment areas, from 
Moderate to Serious for the 2008 ozone standard. See 84 FR 44238. Since 
the NYMA was reclassified to a Serious nonattainment area, New Jersey, 
on November 23, 2021, submitted a comprehensive SIP revision, including 
an attainment demonstration and reasonable further progress plan among 
other required SIP elements, relating to the 2008 8-hour ozone standard 
for the Serious classification. Because the NYMA nonattainment area 
also failed to meet the Serious area July 20, 2021, attainment date, 
the EPA published a final rule that reclassified the NYMA, along with 
other States' nonattainment areas, from Serious to Severe. See 87 FR 
60926 (October 7, 2022). This reclassification to Severe resulted in a 
revised attainment date for the NYMA of July 20, 2027. See id. A SIP 
submittal to address requirements associated with the Severe 
classification was due on May 7, 2024. See id.
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    \3\ On November 2nd, 2017, the EPA determined that the 
Philadelphia area attained the 2008 ozone standard by the July 20, 
2016 one-year extension attainment date. See 82 FR 50814. However, 
EPA's determination of attainment does not constitute a 
redesignation to attainment. Redesignation requires States to meet 
an additional statutory criterion, including the EPA approval of a 
State plan demonstrating maintenance of the air quality for 10 years 
after redesignation. (81 FR 26697 at 28701; May 4, 2016).
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    Regarding the 2015 ozone NAAQS, on June 4, 2018, EPA published a 
final rule establishing designations and classifications for this 
standard for most areas of the country, including New Jersey. See 83 FR 
25776 (June 4, 2018). This final rule created a Moderate nonattainment 
area within the NYMA which includes, within New Jersey, Bergen, Essex, 
Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, 
Sussex, Union and Warren Counties.\4\ Additionally, on December 6, 
2018, EPA published a final rule outlining requirements for States to 
follow as they implement the 2015 ozone NAAQS (2015 Ozone 
Implementation Rule). See 83 FR 62998 (December 6, 2018). The rule 
contains RACT and NNSR requirements similar to those outlined within 
the 2008 Ozone Implementation Rule.
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    \4\ The counties included in the New Jersey portion of the NYMA 
are consistent between the 2008 and 2015 Ozone NAAQS. See https://www.epa.gov/green-book.
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    Regarding NNSR, the minimum SIP requirements for NNSR permitting 
programs for the 2008 and the 2015 ozone NAAQS are located in 40 CFR 
51.165. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS and the 
2008 Ozone Implementation Rule. See 70 FR 71612 (November 29, 2005). 
Additionally, although the 2015 Ozone Implementation Rule included a 
provision to explicitly allow for inter-pollutant trading for meeting 
the emissions offset requirement for ozone, this provision was 
subsequently vacated.\5\ Under the Phase 2 Rule, the SIP for each ozone 
nonattainment area must contain NNSR provisions that:
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    \5\ Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
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     Set major source thresholds for nitrogen oxides 
(NOX) and volatile organic compounds (VOCs) pursuant to 40 
CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and (a)(1)(iv)(A)(2);
     Classify physical changes at a major source if the change 
would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3);
     Consider any significant net emissions increase of 
NOX as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E);
     Consider increases of VOC emissions in extreme ozone 
nonattainment areas as significant net emissions increases and major 
modifications for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);
     Set significant emissions rates for VOC and NOX 
as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A) through (C) 
and (E);
     Contain provisions for emissions reductions credits 
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2);
     Provide that the requirements applicable to VOC also apply 
to NOX pursuant to 40 CFR 51.165(a)(8); and
     Set offset ratios for VOC and NOX pursuant to 
40 CFR 51.165(a)(9)(i) through (iii) (renumbered as (a)(9)(ii) through 
(iv) under the 2008 Ozone Implementation Rule).
    Additionally, pursuant to the 2008 Ozone Implementation Rule, areas 
designated as nonattainment for that standard that also remain 
designated as nonattainment for the 1997 ozone standard must satisfy 
the anti-backsliding requirements of 40 CFR 51.1105.

III. Summary and Evaluation of New Jersey's Ozone Related SIP Elements

    As discussed in section I, New Jersey's January 2, 2018, and 
November 23, 2021 SIP submissions include certifications and planning 
elements as part of the State's comprehensive attainment demonstrations 
for the Moderate and Serious classifications of the NYMA for the 2008 
Ozone NAAQS. These included reasonable further progress plan and motor 
vehicle emission budgets for the 2008 Moderate and Serious ozone NAAQS 
classifications, a certification for an ozone NNSR program for the 2008 
and 2015 Ozone NAAQS, a certification for an emission statement program 
for the 2008 Ozone NAAQS, a nonattainment emission inventory for the 
2015 ozone NAAQS, and a certification that the State has satisfied the 
requirements for clean fuels for fleets for the 2008 Ozone NAAQS.

a. Emission Inventory

    CAA Sections 172(c)(3) and 182(a)(1) require States to develop and 
submit, as a SIP revision, ``base year'' emission inventories for all 
areas designated as nonattainment for an Ozone NAAQS, which shall 
include a ``comprehensive, accurate, current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
such area . . .'' Emission inventories are used to develop and assess 
new control strategies that the States may use in attainment 
demonstration SIPs for the

[[Page 56686]]

Ozone NAAQS and other relevant criteria pollutant standards. CAA 
Section 182(a)(3)(A) requires the periodic submission of emission 
inventories for SIP planning purposes until the nonattainment area is 
redesignated to attainment. 40 CFR 51.1315(a) also requires that the 
year selected for the base year emission inventory for the 2015 ozone 
NAAQS be consistent with the baseline year for the RFP plan as required 
by 40 CFR 51.1310(b). The regulation at 40 CFR 51.1310(b) States that 
the baseline emissions inventory can be the emission inventory for the 
most recent calendar year for which a complete triennial inventory is 
required to be submitted to the EPA under the provisions of subpart A 
of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1 
through 50. For the 2015 ozone NAAQS, the EPA's December 6, 2018, 
implementation rule recommended 2017 as a baseline year from which 
emission reductions used to meet RFP requirements are calculated. See 
83 FR 62998.
    On November 23, 2021, NJDEP submitted a SIP revision for the 2008 
Ozone NAAQS that included the 2017 calendar year periodic ozone 
precursor emission inventory pollutants, VOC and NOX, for 
the New Jersey portions of the NY-NJ-CT (NYMA) and PA-NJ-MD-DE 
(Philadelphia) ozone nonattainment areas. New Jersey's 2017 Periodic 
Emissions Inventory for the 2008 Ozone NAAQS also serves as the 
baseline emission inventory for the 2015 Ozone NAAQS, pursuant to CAA 
Section 182(a)(1), for both the Northern New Jersey and Southern New 
Jersey ozone nonattainment areas. In accordance with 40 CFR 51.1315(a), 
New Jersey's 2017 Emission Inventory also serves as the base year 
inventory for RFP of both the NYMA and Philadelphia nonattainment areas 
for the 2015 Ozone NAAQS. New Jersey's emission inventory includes both 
annual and typical summer day point, area, non-road, on-road, biogenic, 
and wildfire and prescribed fire emission estimates. The typical summer 
day emissions are also adjusted for various types of stationary and 
mobile source categories based on their activity level during the 
summer ozone season. The ozone emission inventory catalogs 
NOX and VOC emissions because these pollutants are 
precursors to ozone formation. New Jersey's 2017 Emissions Inventory 
contains emission estimates for the all the counties located in both 
the New Jersey portion of the New York-Northern New Jersey-Long Island 
NY-NJ-CT, 2008 and 2015 ozone nonattainment areas, and the Southern New 
Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-
DE, 2015 ozone nonattainment area and contains emission estimates 
summed statewide.
    The specific details of New Jersey's 2017 Periodic Emission 
Inventory as it relates to the Serious classification of the 2008 ozone 
NAAQS for the New Jersey portion of the NYMA and the rationale for the 
EPA's approval action is explained in the August 16, 2023, final 
rulemaking action. For this detailed information, the reader is 
referred to the EPA's rulemaking action approving New Jersey's 2017 
Periodic Emission Inventory satisfied the requirements for the 2008 
ozone NAAQS periodic emission inventory pursuant to CAA Section 
182(a)(3)(A). See 88 FR 55576. In that action, the EPA determined that 
New Jersey's periodic emission inventory was based on the most current 
and accurate information available to the State at the time it was 
being developed. Additionally, the inventories comprehensively address 
all source categories in New Jersey's nonattainment areas and were 
developed consistent with the relevant ozone base year emission 
inventory reporting requirements based on the EPA's guidance. For those 
reasons, the EPA approved the 2017 emission inventories into New 
Jersey's SIP as meeting the requirements of CAA Section 182(a)(3)(A).
    Since we agree that New Jersey's 2017 emission inventory is 
consistent with the ozone base year inventory reporting requirements 
based on EPA guidance, we are now proposing to approve New Jersey's 
2017 emission inventory as fully meeting the emission inventory 
requirement under sections 182(a)(1) and 172(c)(3) for the New Jersey 
portions of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
nonattainment area, and the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE nonattainment area for the 2015 8-hour ozone NAAQS.\6\
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    \6\ On November 23, 2021, NJDEP submitted this 2017 emission 
inventory to serve as the periodic emission inventory for the 2008 
Ozone NAAQS, and to serve as the RFP base year for the 2015 Ozone 
NAAQS. However, within the EPA's previous action on NJ's 2017 
Periodic Emission Inventory, the EPA inadvertently only approved the 
inventory for the 2008 NAAQS, PM2.5, and Regional Haze, 
but did not propose to approve it for the 2015 Ozone NAAQS for 
either of New Jersey's ozone nonattainment areas. See 88 FR 55576. 
Within this action we're proposing to approve that the 2017 PEI 
submitted by New Jersey to also serve as the base year inventory for 
RFP for the 2015 Ozone NAAQS for both New Jersey nonattainment 
areas.
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    Table 2 shows the statewide summary of the 2017 annual emissions 
for VOC and NOX. Tables 3 and 4 show the 2017 NOX 
and VOC typical summer day emissions by category for the Northern New 
Jersey and Southern New Jersey ozone nonattainment areas. The actual 
2017 emission inventory used the onroad and nonroad models included in 
MOVES2014b, which replaced MOVES2014a in August 2018. On August 16, 
2023, the EPA approved New Jersey's 2017 calendar year daily and annual 
emission inventories for NOX and VOC for the Northern New 
Jersey and Southern New Jersey ozone nonattainment areas, which is 
relevant to both the 2008 and 2015 ozone standards. See id.

                                           Table 2--Statewide Summary of 2017 Annual Emissions of VOC and NOX
                                                                         [Tons]
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                                                         2017 New Jersey State Annual Emissions
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                                                                                                                   Wildfire
                                                                                                                     and      Total for       Total
                                                            Point       Area      Onroad    Nonroad    Biogenic   prescribed     all      anthropogenic
                                                                                                                   burning     sectors
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VOC.....................................................      6,809     81,555     28,652     25,476     88,238        5,690    236,420          142,492
NOX.....................................................      9,824     23,208     60,681     40,215      2,045          346    136,319          133,928
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[[Page 56687]]


                  Table 3--Northern New Jersey Portion of the NJ-NY-CT Ozone Nonattainment Area 2017 Emission Inventory of VOC and NOX
                                                                  [Tons per summer day]
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                                                                                                                   Wildfire
                                                            Point       Area      Onroad    Nonroad                  and                      Total
                         County                            sources    sources    sources    sources    Biogenic   prescribed    Total     anthropogenic
                                                                                                                   burning
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                                                                VOC (tons per summer day)
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Bergen..................................................       2.11      23.83       9.06       7.42       4.06         0.08      46.56            42.42
Essex...................................................       1.06      17.97       6.11       4.76       2.39           NA      32.30            29.90
Hudson..................................................       1.71      15.46       3.52       2.75       1.03           NA      24.47            23.44
Hunterdon...............................................       0.13       4.00       1.74       1.74      10.58         0.04      18.23             7.60
Middlesex...............................................      15.89      22.32       8.23       5.41       5.82         0.03      57.71            51.86
Monmouth................................................       0.44      16.55       6.83       5.46      12.38         0.20      41.85            29.28
Morris..................................................       0.50      14.09       5.25       4.96      14.41         0.07      39.30            24.81
Passaic.................................................       0.77      12.15       3.98       2.59       8.36         0.14      27.99            19.49
Somerset................................................       0.89       9.44       3.38       3.77       7.44         0.02      24.94            17.48
Sussex..................................................       0.16       3.93       1.54       1.59      17.30         0.15      24.66             7.21
Union...................................................       3.23      13.89       5.06       3.20       2.00         0.00      27.39            25.38
Warren..................................................       0.31       3.30       1.40       0.93      11.71         0.08      17.73             5.94
                                                         -----------------------------------------------------------------------------------------------
    Total in Northern NAA Area..........................      27.21     156.93      56.10      44.58      97.48         0.82     383.12           284.82
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                NO (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bergen..................................................       2.16       2.84      15.71      10.03       0.07         0.01      30.82            30.74
Essex...................................................       3.74       2.26      11.56      13.99       0.06           NA      31.61            31.55
Hudson..................................................       0.85       1.81       6.26      17.89       0.03           NA      26.85            26.82
Hunterdon...............................................       1.36       0.39       5.00       2.66       0.46         0.00       9.88             9.42
Middlesex...............................................       7.02       2.55      18.72       8.92       0.21         0.00      37.43            37.21
Monmouth................................................       0.42       1.85      10.15      10.54       0.41         0.01      23.38            22.95
Morris..................................................       0.72       1.78      10.48       4.88       0.16         0.00      18.03            17.86
Passaic.................................................       0.15       1.25       5.37       3.49       0.07         0.01      10.34            10.26
Somerset................................................       4.62       1.16       7.70       4.18       0.27         0.00      17.93            17.66
Sussex..................................................       0.10       0.42       1.84       1.38       0.27         0.01       4.02             3.74
Union...................................................       8.20       1.49       9.57       5.35       0.05         0.00      24.67            24.62
Warren..................................................       0.74       0.30       3.95       0.91       0.30         0.01       6.21             5.91
                                                         -----------------------------------------------------------------------------------------------
    Total in Northern NAA Area..........................      30.08      18.12     106.31      84.23       2.35         0.06     241.15           238.75
--------------------------------------------------------------------------------------------------------------------------------------------------------


                    Table 4--Southern New Jersey Portion PA-NJ-MD-DE Ozone Nonattainment Area 2017 Emission Inventory of VOC and NOX
                                                                  [Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Wildfire
                                                            Point       Area      Onroad    Nonroad                  and                      Total
                         County                            sources    sources    sources    sources    Biogenic   prescribed    Total     anthropogenic
                                                                                                                   burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                VOC (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic................................................       0.08       7.27       2.60       3.59      40.71         0.92      55.17            13.54
Burlington..............................................       1.06      13.70       4.73       4.26      50.31         0.14      74.20            23.75
Camden..................................................       0.67      12.56       4.62       2.55      15.62         0.10      36.12            20.40
Cape May................................................       0.08       2.98       1.04       3.69      14.71         0.06      22.57             7.79
Cumberland..............................................       0.43       6.18       1.30       1.34      27.08         0.63      36.95             9.24
Gloucester..............................................       5.36      14.43       2.89       2.42      16.97         0.56      42.63            25.10
Mercer..................................................       0.36      10.20       7.02       2.60       9.72         0.01      29.91            20.17
Ocean...................................................       0.45      14.31       5.69       6.45      41.73        10.97      79.61            26.91
Salem...................................................       0.62       2.74       0.74       0.76      17.21         0.03      22.10             4.85
                                                         -----------------------------------------------------------------------------------------------
    Total in Southern NAA Area..........................       9.10      84.37      30.63      27.66     234.06        13.43     399.25           151.76
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                NO (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic................................................       0.35       0.82       5.51       4.56       0.26         0.07      11.57            11.24
Burlington..............................................       1.63       1.33       8.98       5.17       0.35         0.01      17.47            17.11
Camden..................................................       2.27       1.43       7.73       3.88       0.18         0.00      15.50            15.32
Cape May................................................       0.11       0.30       2.06       4.27       0.18         0.00       6.92             6.73
Cumberland..............................................       1.86       0.43       2.10       2.86       0.36         0.03       7.64             7.25
Gloucester..............................................       5.59       0.79       5.66       3.48       0.28         0.04      15.85            15.52
Mercer..................................................       1.02       1.40       3.60       4.01       0.19         0.00      10.22            10.03
Ocean...................................................       2.02       1.34       7.90       6.37       0.26         0.46      18.35            17.63

[[Page 56688]]

 
Salem...................................................       3.74       0.20       1.45       1.50       0.38         0.00       7.27             6.89
                                                         -----------------------------------------------------------------------------------------------
    Total in Southern NAA Area..........................      18.58       8.04      44.99      36.12       2.44         0.62     110.79           107.73
--------------------------------------------------------------------------------------------------------------------------------------------------------

b. Reasonable Further Progress

    Section 182(b)(1) of the CAA and the EPA's 2008 Ozone 
Implementation Rule requires that States submit a reasonable further 
progress (RFP) demonstration for each 2008 ozone NAAQS nonattainment 
area classified as Moderate and above, for review and approval into its 
SIP, that describes how the area will achieve actual emissions 
reductions of VOC and NOX from a baseline emissions 
inventory. Section 182(b)(1) of the CAA requires a State's RFP for 
Moderate nonattainment areas to demonstrate a 15% reduction in VOC 
emissions over a six-year period.
    The EPA's 2008 Ozone Implementation Rule also finalized that 2008 
ozone NAAQS nonattainment areas that have previously met the CAA 
requirement for a 15% Rate of Progress (ROP) VOC reduction plan for the 
entire area is not required to fulfill that requirement again. Instead, 
for purposes of the 2008 ozone NAAQS, the EPA interpreted the RFP 
requirement to require certain areas classified as Moderate to achieve 
an average 3 percent annual reduction in VOC and/or NOX 
emissions for the first 6 years following the baseline.\7\ For Serious 
and above areas, section 182(c)(2)(B) requires areas to obtain 15% 
ozone precursor emission reductions in that same 6-year period and an 
additional 3% per year reduction in VOC or NOX emissions, 
averaged over consecutive 3-year periods until the attainment date.\8\ 
New Jersey has previously met the 15% ROP for VOC, due to nonattainment 
obligations it had under the 1997 8-hour ozone standard. See 86 FR 
49249 (September 2, 2021). Therefore, for purposes of the 2008 ozone 
standard, New Jersey submitted RFP demonstrations for the Moderate and 
Serious classifications for its portion of the NY-NJ-CT nonattainment 
area showing VOC and NOX emission reductions greater than 
the 15% requirement following six years after the 2011 base year 
inventory (between 2011-2017) and demonstrated a 24% reduction by the 
Serious classification attainment date, July 20, 2021. Note that we are 
only proposing action on the Moderate and Serious area RFP plans for 
the 2008 ozone NAAQS for the New Jersey portion of the NYMA.
---------------------------------------------------------------------------

    \7\ Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements.'' Final 
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
    \8\ See Id.
---------------------------------------------------------------------------

    In New Jersey's January 2, 2018, submission, NJDEP showed that RFP 
would be achieved for the Moderate classification between the 2011 
baseline year and the 2017 target year by demonstrating that 
NOX emissions would decline by 31%, and VOC emissions by 
14%, within the NYMA nonattainment area. New Jersey updated its 2011 
emission estimates for use within the RFP baseline inventory by using 
the latest version of EPA's MOVES model available at the time, MOVES 
2014a, for calculation of on-road and non-road mobile source emissions. 
New Jersey relied on the emission projection work it had coordinated 
and submitted to the Mid-Atlantic Regional Air Management Association 
for their effort to develop a 2017 modeling platform. The projections 
of emissions from electrical generating units (EGUs) were conducted 
using the Eastern Regional Technical Advisory Committee (ERTAC). The 
ERTAC projection tool uses 2011 emissions data from EPA's Clean Air 
Market Division and growth factors developed from the U.S. Department 
of Energy's Energy Information Administration (EIA) data and other 
sources to create a 2017 emission inventory for EGUs. EPA finds that 
the ERTAC EGU emissions forecasts produce reasonable results for 
facilities within the State.
    Table 5 contains a summary of the 2011 RFP baseline inventory, and 
2017 projected, controlled emissions demonstrating the 14% VOC and 31% 
NOX emission reductions for the New Jersey portion of the 
NY-NJ-CT nonattainment area. Although NJDEP's modeling demonstration 
illustrates that the NYMA did not meet the 2008 ozone standard by the 
Moderate area attainment date of July 20, 2018, New Jersey's RFP 
analysis for the NYMA 2008 ozone Moderate nonattainment area showed 
that projected, controlled VOC and NOX emission in 2017 were 
well below the RFP emission target levels.\9\ Therefore, the EPA is 
proposing to approve New Jersey's RFP SIP submittal for the 2008 ozone 
Moderate classification since it successfully meets the RFP requirement 
under CAA section 172(c)(2), 182(b)(1), and 40 CFR 51.1110.
---------------------------------------------------------------------------

    \9\ Within Table 3-2, ``Control Measures in the SIP Post 2011,'' 
of New Jersey's January 2, 2018 submission, the State outlines which 
control measures were incorporated within the 2017 attainment 
modeling & RFP. The control measures incorporated within the 2017 
modeling include federally-approved measures adopted by the State 
and included in New Jersey's SIP, federally-approved programs like 
the State's Nonattainment New Source Review (NNSR) program, and 
various Federal control measures (i.e., New Source Performance 
Standards (NSPS), National Emission Standards of Hazardous Air 
Pollutants (NESHAP), etc.).
---------------------------------------------------------------------------

    Within New Jersey's November 23, 2021, SIP submittal, the State 
updated its 2008 ozone Moderate RFP demonstration by utilizing the more 
current 2017 actual emissions inventory. In Table 5-1, within New 
Jersey's November 2021 SIP submission the percent reduction of VOC and 
NOX from the 2011 baseline to 2017 was 21% and 37%, 
respectively. Therefore, New Jersey's precent reduction of VOC and 
NOX from the 2011 baseline to 2017 is 58%, which exceeds the 
RFP-required 15%, for the New Jersey portion of the Northern NJ-NY-CT 
nonattainment area. The result of New Jersey's 2017 actual emission 
inventory, which further illustrates that the State has demonstrated 
the combined reduction of VOC and NOX for its 2008 ozone 
NAAQS Moderate classification RFP requirement, are also provided in 
Table 4.

[[Page 56689]]



              Table 5--Summary of RFP Calculations for NYMA for 2008 Ozone Moderate Classification
----------------------------------------------------------------------------------------------------------------
                                                                  VOC emissions (tons/     NOX emissions (tons/
                          Description                              ozone season day)        ozone season day)
----------------------------------------------------------------------------------------------------------------
RFP Baseline Inventory (2011): NJ portion of NY-NJ-CT area....                      360                      379
2017 Projected, controlled emissions: NJ portion of NY-NJ-CT                        309                      261
 area.........................................................
2017 Actual Inventory: NJ portion of NY-NJ-CT area............                      286                      240
----------------------------------------------------------------------------------------------------------------

    As mentioned previously, the RFP requirement in CAA section 
182(c)(2)(B) require areas classified as Serious or higher, in addition 
to the ROP reductions, to achieve an additional 3% per year reduction 
in VOC or NOX emissions, averaged over consecutive 3-year 
periods until the attainment date.\10\ The New Jersey portion of the 
NY-NJ-CT nonattainment area was reclassified from Moderate to Serious 
nonattainment for the 2008 ozone NAAQS. Since the attainment date for 
the Serious classification was on July 20, 2021, this requires the 
Serious area to demonstrate 24% percent reductions by the end of the 
nine-year period (2011-2020) regardless of whether the area attains the 
NAAQS. In New Jersey's November 23, 2021, submission, NJDEP 
demonstrated that RFP was projected for the Serious classification 
between the 2011 baseline year and 2020 target year by showing that the 
24% reduction requirement for RFP would be achieved through a 
combination of NOX and VOC emission reductions through 2020.
---------------------------------------------------------------------------

    \10\ Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements.'' Final 
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
---------------------------------------------------------------------------

    Table 6 contains a summary of the 2011 RFP baseline inventory, and 
2020 projected, controlled emissions demonstrating that VOC emissions 
reduced by 25% and NOX emissions reduced by 47% within the 
New Jersey portion of the NY-NJ-CT nonattainment area. Because RFP 
requirements for the NYMA Serious nonattainment area can be satisfied 
with reductions in either NOX or VOC emissions, New Jersey 
was able to project an emission reduction surplus from the 24% 
requirement. Although NJDEP's modeling demonstration and 2020 Design 
Values (DVs) illustrated that the NYMA did not attaint the ozone NAAQS 
by the Serious area attainment date of July 20, 2021, New Jersey's RFP 
calculations for the NYMA Serious nonattainment area showed that the 
24% reduction requirement was achieved through a combination of 
NOX and VOC emission reductions through 2020.\11\ Therefore, 
the EPA is proposing to approve New Jersey's RFP SIP submission for the 
Serious classification for 2008 ozone since it successfully meets the 
RFP requirement under CAA section 182(c)(2)(B) and 40 CFR 51.1110.
---------------------------------------------------------------------------

    \11\ Within Table 3-2, ``Control Measures in the SIP Post 
2011,'' of New Jersey's November 23, 2021 submission, the State 
outlines which control measures were incorporated within the 2020 
attainment modeling & RFP. The control measures incorporated within 
the 2020 modeling include federally-approved measures adopted by the 
State, federally-approved programs like the State's Nonattainment 
New Source Review (NNSR) program, and various Federal control 
measures (i.e., New Source Performance Standards (NSPS), National 
Emission Standards of Hazardous Air Pollutants (NESHAP), etc.).

               Table 6--Summary of RFP Calculations for NYMA for 2008 Ozone Serious Classification
----------------------------------------------------------------------------------------------------------------
                                                                  VOC emissions (tons/     NOX emissions (tons/
                          Description                                 summer day)              summer day)
----------------------------------------------------------------------------------------------------------------
RFP Baseline Inventory (2011): NY portion of NY-NJ-CT area....                      360                      379
2020 Projected, controlled emissions: NY portion of NY-NJ-CT                        271                      201
 area.........................................................
----------------------------------------------------------------------------------------------------------------

c. Motor Vehicle Emissions Budgets

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means conformity to an implementation plan's 
purpose of eliminating or reducing the severity and number of 
violations of the NAAQS and achieving expeditious attainment of the 
NAAQS, and that transportation activities will not produce new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. See CAA 176(c)(1)(A) 
and (B). The EPA's transportation conformity rule at 40 CFR part 93, 
subpart A requires that transportation plans, programs and projects 
conform to SIPs and establishes the criteria and procedures for 
determining whether or not they conform. To accomplish its purpose, the 
transportation conformity rule requires a demonstration that emissions 
from the metropolitan planning organization's (MPO's) Regional 
Transportation Plan (RTP), and Transportation Improvement Program (TIP) 
do not exceed the motor vehicle emission budgets (``budgets'') 
contained in the control strategy SIP revision or maintenance plan. See 
40 CFR 93.101, 93.118, and 93.124. The term ``motor vehicle emissions 
budget'' is defined in 40 CFR 93.101 as ``that portion of the total 
allowable emissions defined in the submitted or approved control 
strategy implementation plan revision or maintenance plan for a certain 
date for the purpose of meeting reasonable further progress milestones 
or demonstrating attainment or maintenance of the NAAQS, for any 
criteria pollutant or its precursors, allocated to highway and transit 
vehicle use and emissions.''
    In New Jersey's January 2, 2018, comprehensive SIP submittal, the 
State established the 2017 RFP motor vehicle emission budgets for VOCs 
and NOX within the New Jersey portion of the NY-NJ-CT 
nonattainment area for the 2008 8-hour ozone Moderate classification. 
Table 7 lists the New Jersey 2017 motor vehicle emission budgets. These 
budgets are based on MOVES2014a, which was the latest version of the 
model available when New Jersey prepared them.

[[Page 56690]]



              Table 7--Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone Moderate RFP Plans
----------------------------------------------------------------------------------------------------------------
                                                                NOX (tons/summer day)
                         Description                                                      VOC (tons/summer day)
----------------------------------------------------------------------------------------------------------------
2017 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion                   103.22                     48.69
 of NY-NJ-CT area...........................................
----------------------------------------------------------------------------------------------------------------

    On August 16, 2018, the EPA issued a letter to New Jersey in which 
we stated that the budgets for the New Jersey portion of the NY-NJ-CT 
area were adequate for use in transportation conformity determinations. 
Additionally, the EPA published an announcement of this adequacy 
finding in the Federal Register on September 25, 2018. See 83 FR 48384. 
Within the letter, and subsequently described in the notice, the EPA 
determined that New Jersey's 2017 motor vehicle emission budgets were 
adequate for transportation conformity purposes as outlined in the 
transportation conformity regulation at 40 CFR 93.118(e)(4). In this 
action the EPA is proposing to approve the 2008 ozone Moderate RFP 
motor vehicle emission budgets established for the New Jersey portion 
of the NY-NJ-CT area for 2017. The EPA is proposing to approve these 
budgets because EPA has now completed its review of the overall 2008 
ozone Moderate RFP plan which demonstrates the required VOC/
NOX emission reduction from the 2011 baseline year under CAA 
Section 172(c)(2), 182(b)(1), and 40 CFR 51.1110. Based on EPA's review 
of the budgets and the RFP submission, EPA proposes to determine the 
budgets are consistent with the applicable RFP requirements.
    Also, in New Jersey's November 23, 2021, comprehensive SIP 
submittal, the State established the 2020 RFP motor vehicle emission 
budgets for VOCs and NOX within the New Jersey portion of 
the NY-NJ-CT nonattainment area for the 2008 8-hour ozone Serious 
classification. These budgets are based on MOVES2014b, which was the 
latest version of the model available when New Jersey prepared them. 
Table 8 lists the New Jersey 2020 motor vehicle emission budgets.

              Table 8--Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone Serious RFP Plans
----------------------------------------------------------------------------------------------------------------
                                                                NOX (tons/summer day)
                         Description                                                      VOC (tons/summer day)
----------------------------------------------------------------------------------------------------------------
2020 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion                    76.77                     42.46
 of NY-NJ-CT area...........................................
----------------------------------------------------------------------------------------------------------------

    On January 18, 2023, the EPA issued a letter to New Jersey in which 
we stated that the budgets for the New Jersey portion of the NY-NJ-CT 
area were adequate for use in transportation conformity determinations. 
Additionally, the EPA published an announcement of this adequacy 
finding in the Federal Register on March 13, 2023. See 88 FR 15390. 
Within that notice, the EPA determined that New Jersey's 2020 motor 
vehicle emission budgets were adequate for transportation conformity 
purposes as outlined in the transportation conformity regulation at 40 
CFR 93.118(e)(4). In this action the EPA is proposing to approve the 
2008 ozone Serious RFP motor vehicle emission budgets established for 
the New Jersey portion of the NY-NJ-CT area. The EPA is proposing to 
approve the 2020 budgets established for the New Jersey portion of the 
NY-NJ-CT nonattainment area since these budgets are based MOVES model 
runs conducted by the State for 2020. In New Jersey's 2017 periodic 
emission inventory, the emissions from onroad sources are calculated by 
multiplying activity levels (including vehicle starts, operation times, 
speeds and miles traveled) by emission factors. The activity estimates 
are generated by the MPOs using their travel demand models (TDM). The 
onroad source emissions are then calculated using the latest version of 
MOVES. As discussed elsewhere in this proposal, the EPA determined that 
New Jersey's 2017 periodic emission inventory is consistent with EPA 
guidance.\12\ Therefore, the EPA is also proposing to approve these 
budgets because EPA has now completed its review of the overall 2008 
ozone Serious RFP plan which demonstrates the required VOC/
NOX emission reduction from the 2011 baseline year under CAA 
Section 182(c)(2)(B) and 40 CFR 51.1110. Based on EPA's review of the 
budgets and the RFP submission, EPA proposes to determine the budgets 
are consistent with the applicable RFP requirements.
---------------------------------------------------------------------------

    \12\ New Jersey's approach used to calculate the Transportation 
Conformity Budgets is the same used to calculate the emission 
inventories. New Jersey's calculation approach is described in 
detail in Appendix 4-6 of the State's November 23, 2021 SIP 
submission.
---------------------------------------------------------------------------

    EPA is proposing to approve both the 2017 budgets for the Moderate 
classification of the 2008 ozone NAAQS, and the 2020 budgets for the 
Serious classification of the 2008 ozone NAAQS, because based on its 
evaluation of the RFP submissions and the budgets, EPA considers these 
budgets to meet the six adequacy criteria found in the transportation 
conformity regulation at 40 CFR 93.118(e)(4). These budgets were 
subject to a state public hearing before being submitted to EPA. 
Consultation among Federal, State, and local agencies occurred in their 
development. The budgets are clearly identified and precisely 
quantified, as shown in Tables 7 and 8 above. When considered together 
with all other emissions sources, the budgets are consistent with the 
requirements for reasonable further progress, and they are consistent 
with and clearly related to the emissions inventory and the measures in 
the relevant SIP submissions. The last criterion is that revisions to 
previous submitted budgets have been explained and documented; in this 
case, these budgets have not been revised.

d. Emission Statement Program Certification

    In New Jersey's November 2021 SIP submittal, the State certifies 
that its state-wide rules at N.J.A.C. 7:27-21 continues to satisfy 
Federal requirements for an emission statement program for the 2008 75 
ppb 8-hour ozone NAAQS. The EPA most recently approved New Jersey's 
regulation at N.J.A.C. 7:27-21 for satisfying the requirement of an 
emission statement program for the 2008 8-hour ozone NAAQS on October 
9, 2018. See 83 FR 50507.
    The EPA stated in the 2008 ozone implementation rule that if an 
area has

[[Page 56691]]

a previously approved emission statement rule in force for the 1997 
ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of the 
nonattainment area for the 2008 ozone NAAQS, such rule should be 
sufficient for purposes of the emissions statement requirement for the 
2008 ozone NAAQS. See 80 FR 12264.
    N.J.A.C. 7:27 Subchapter 21, ``Emission Statements,'' requires the 
submission of annual emission statements from major facilities 
including stationary sources of VOCs or NOX that emit 10 
tons or 25 tons a year, respectively.\13\ The emission statements 
submitted to the Department are required to include actual emissions of 
VOC and NOX in tons during the ozone season (May 1st-
September 30th), and in pounds per day during the peak ozone season 
(June 1st-August 31st). From these statements, the NJDEP develops 
reports of emissions of all criteria pollutants and submits them to the 
EPA pursuant to the Federal Air Emission Reporting Requirements (AERR) 
Rule for uploading to the EPA's National Emission Inventory (NEI).
---------------------------------------------------------------------------

    \13\ Facilities that are not applicable to New Jersey's Emission 
Statement Program are still included the State's 2017 Emission 
Inventory as area sources. The VOC and NOX emission from 
area source categories were calculated by multiplying a USEPA 
published emission factor by a known indicator of activity for each 
source category, such as employment, population and fuel usage. A 
calculation methodology sheet was produced by New Jersey to document 
the data used to estimate the emissions from each source category. 
The calculation methodology is outlined in Appendix 10-1 of the 
State's November 2021 SIP submission and is included within the 
docket of this rulemaking.
---------------------------------------------------------------------------

    New Jersey certifies that the emission statement requirement of CAA 
Section 182(a)(3)(b) continues to be fully addressed through N.J.A.C. 
7:27-21 \14\ that is applicable state-wide. Therefore, the EPA is 
proposing to approve New Jersey's emission statement certification that 
the previously approved SIP element fully meets the requirements of the 
CAA for the Serious classification of the 2008 8-hour ozone NAAQS for 
the New Jersey portion of the NYMA nonattainment area. The EPA 
determines that the State's previously approved emission statement 
program is certified to meet the requirements for the Serious 
classification of the 2008 Ozone NAAQS, since the program collects 
actual VOC and NOX emission in tons per ozone season day, 
released from major sources that emit or have the potential to emit 10 
or 25 tons per year of VOC or NOX, respectively. See 
Appendix A to subpart A of part 51, Title 40. The EPA approved a 
revision to Subchapter 21 into New Jersey's SIP on November 28, 2023. 
See 88 FR 83036.
---------------------------------------------------------------------------

    \14\ The EPA approved N.J.A.C. 7:27 Subchapter 21 on August 3, 
2010 for the 1997 85 ppb 8-hour ozone NAAQS. (75 FR 45483)
---------------------------------------------------------------------------

e. Ozone Nonattainment New Source Review (NNSR)

    New Jersey affirmed in its November 23, 2021, submittal that the 
State's NNSR program remains in effect statewide with a major source 
applicability threshold of 25 tpy of VOC and NOX, 
respectively. This major source applicability threshold is consistent 
with the State's former classification of Severe for the 1-hour ozone 
standard in accordance with requirements for anti-backsliding 
provisions at CAA section 172(e). At submittal of the State's 
comprehensive November 2021 SIP revision, New Jersey continued to be 
nonattainment for the 1997, 2008 and 2015 8-hour ozone standards at 
lower classifications than the 1-hour ozone standards. Also, since New 
Jersey is located entirely in the OTR, regardless of the area's 
designation status, NNSR applies state-wide for emissions of ozone 
precursor pollutants, VOC and NOX, for new major facilities 
or modifications to existing major or minor sources. In New Jersey's 
November 2021 submission, the State certifies that its existing NNSR 
rules codified at N.J.A.C. 7:27-18, ``Control and Prohibition of Air 
Pollution from New or Altered Sources Affecting Ambient Air Quality,'' 
which regulates the New Jersey portions of the Northern NJ-NY-CT and 
Southern NJ-PA-DE-MD nonattainment areas for the 2008 75 ppb and 2015 
70 ppb 8-hour Ozone NAAQS are at least as stringent as the Federal 
requirements at 40 CFR 51.165 for ozone and its precursors for the 
State's classification in its northern and southern areas. See 80 FR 
12264 (March 6, 2015). The EPA approved a revision to Subchapter 18 
into New Jersey's SIP on November 28, 2023. See 88 FR 83036.
    Permits to construct new major sources or to conduct major 
modifications to existing major sources in New Jersey must meet NNSR 
requirements, including offsetting increases in emissions from the new 
major source or major modification to a major existing source and 
applying the Lowest Achievable Emissions Rate (LAER) to determine 
emission limits. LAER is more stringent than RACT; it requires deriving 
the permit's emission limit for the nonattainment pollutant at issue 
from the most stringent emission limit in any SIP for that source 
category or from the most stringent limit achieved in practice by that 
source category.\15\ Emissions increases from the new major source or 
major modification to an existing major source are offset by obtaining 
``emission reduction credits'' (ERCs) or ``offsets'' generated from 
reductions in actual emissions of the nonattainment pollutant at issue 
from existing sources. The required number of offsets needed is 
determined by applying the ratio for the applicable nonattainment area 
designation established in CAA section 182.\16\ Furthermore, New Jersey 
certified in its November 23, 2021, submittal that the State also 
relies upon Federal rules such as the National Emission Standards for 
Hazardous Air Pollutants (NESHAPs) regulated under CAA section 112. 
NESHAPs establish the need to use Maximum Achievable Control Technology 
(MACT), which may be more stringent than RACT, to control hazardous air 
pollutants.
---------------------------------------------------------------------------

    \15\ 40 CFR 51.165(a)(1)(x).
    \16\ The offset ratio for moderate nonattainment areas is 1.15 
to 1 (CAA 182(b)(5); the offset ratio for serious areas is 1.2:1 
(CAA 182)(c)(10); and the offset ratio for severe areas is 1.2:1 
(182)(d)(2).
---------------------------------------------------------------------------

    The EPA is proposing to approve New Jersey's certification that 
NNSR applies state-wide for NOX and VOC emissions from 
stationary sources and fully meets the requirements of the CAA for the 
State's Serious classification in the NYMA area for the 2008 Ozone 
NAAQS and for the Moderate classification in the NYMA for the 2015 
Ozone NAAQS. Within this action, the EPA is also proposing to approve 
New Jersey that the State has satisfied the NNSR requirements as it 
relates to the 2015 Ozone NAAQS Marginal classification for the New 
Jersey portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area since the State's NNSR requirements are at least as 
stringent as the Federal requirements at 40 CFR 51.165 for ozone and 
its precursors. Since New Jersey's NNSR program is applicable 
statewide, the EPA is also proposing to approve that New Jersey has 
satisfied the statewide NNSR requirement as it relates to the OTR for 
the 2015 Ozone NAAQS pursuant to CAA Section 184(b)(2).

f. Clean Fuels for Fleets

    Clean Air Act Section 182(c)(4) requires States with ozone 
nonattainment areas classified as Serious or above with 1980 
populations greater than 250,000 to submit a SIP revision to either 
``include such measures as may be necessary to ensure the effectiveness 
of the applicable provisions of the clean-fuel vehicle program 
prescribed under part C of subchapter II of this chapter'' or to 
provide ``a substitute for all or a portion

[[Page 56692]]

of the clean-fuel vehicle program prescribed under part C of subchapter 
II of this chapter.'' The Clean Fuel Fleets requirement was adopted as 
part of the 1990 Clean Air Act Amendments and was designed to improve 
air quality and introduce clean burning fuels into the market.
    Clean Air Act Sections 243 and 245 included numerical emissions 
standards for the Clean Fuel Fleets light- and heavy-duty vehicles that 
were intended to encourage innovation, encourage the purchase of 
cleaner fleet vehicles and reduce emissions for fleets of motor 
vehicles in ozone nonattainment areas classified as Serious or above as 
compared to conventionally fueled vehicles available at the time.\17\ 
On April 28, 2014, the EPA promulgated Tier 3 motor vehicle emissions 
and fuel standards for light-duty vehicles, light-duty trucks, medium-
duty passenger trucks, and heavy-duty vehicles. See 79 FR 23414. With 
the continued implementation of both Tier 3 light-duty standards (40 
CFR part 86, subpart S) and heavy-duty vehicle standards (40 CFR part 
1036), the Clean Fuel Fleets standards became either less stringent 
than or equivalent to the standards that apply to vehicles and engines 
today.
---------------------------------------------------------------------------

    \17\ CAA sections 241(5) ``Definition of a Covered Fleet'' and 
246(b) ``Phase-in Requirements'' require that Clean Fuel Fleets 
Programs (CFFPs) apply to fleets of 10 or more vehicles that are 
capable of being centrally fueled.
---------------------------------------------------------------------------

    Because the Clean Air Act continues to require clean fuel vehicle 
programs in Serious and above ozone nonattainment areas, on June 29, 
2021, the EPA revised the Clean Fuel Fleets requirements in 40 CFR part 
88, to provide compliance options allowing vehicles and engines 
certified to current standards to be deemed to comply with the Clean 
Fuel Fleets standards as Ultra Low-Emission Vehicles. See 86 FR 34308 
(June 29, 2021). This approach enables States to address the Clean Fuel 
Fleets requirements by describing in a SIP that any new light- or 
heavy-duty vehicle purchased today are certified to current standards 
under 40 CFR part 86 and 40 CFR part 1036.\18\
---------------------------------------------------------------------------

    \18\ EPA issued guidance to States on how to address the Clean 
Fuel Fleets requirement. ``Guidance for Fulfilling the Clean Fuel 
Fleets Requirement of the Clean Air Act'' (June 2022, EPA-420-B-22-
027). See https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P10155SA.pdf.
---------------------------------------------------------------------------

    New Jersey affirmed in its November 23, 2021, submittal that the 
State has satisfied the requirements for clean fuels for fleets. Table 
3-2 of New Jersey's SIP submittal summarizes the post-2011 control 
measures implemented within New Jersey's State Implementation Plan. The 
table outlines the sector in which these control measures are 
applicable and if the measure is State or federally imposed. Within 
this table, New Jersey affirms that on-road motor vehicles within the 
State including light-duty vehicles, light-duty trucks, medium-duty 
passenger trucks, and heavy-duty vehicles comply with the Federal 
emission standards promulgated under 40 CFR part 86, subpart S and 40 
CFR part 1036.\19\
---------------------------------------------------------------------------

    \19\ On February 5, 2024, NJDEP supplemented their initial 
November 2021 SIP submittal with a clarification letter which 
further addresses the Clean Fuel Fleets requirement for the New 
Jersey portion of the NYMA. In the letter, NJDEP certifies that new 
vehicles and engines sold within the State comply with current 
emission standards under 40 CFR part 86, subpart S. A copy of 
NJDEP's Clean Fuel Fleets clarification letter can be found in the 
docket of this rulemaking.
---------------------------------------------------------------------------

    The EPA is proposing to approve New Jersey's certification that the 
State has satisfied the requirements for clean fuels for fleets under 
the Clean Air Act for the 2008 8-hour ozone NAAQS. New Jersey's program 
demonstrates that any new light- or heavy-duty vehicle purchased today 
are certified to current or are more stringent than Federal standards, 
40 CFR part 86, subpart S or 40 CFR part 1036, and thus is deemed to 
comply with the Clean Fuel Fleets requirement as Ultra Low-Emission 
Vehicles.

IV. Proposed Action

    In this rule, the EPA is proposing to approve portions of a 
comprehensive SIP revision submitted by the State of New Jersey on 
November 23, 2021, certifying that the State has satisfied the 
requirements for an ozone NNSR program for the Serious classification 
of the 2008 Ozone NAAQS, both Marginal and Moderate classifications and 
OTR requirements for the 2015 Ozone NAAQS, certifying that the State 
has satisfied the requirements for a nonattainment emission inventory 
for the 2015 Ozone NAAQS, certifying that the State has satisfied the 
requirements of an emission statement program for the 2008 Ozone 
Serious classification for the NYMA, and certifying that the State has 
satisfied the requirements for clean fuels for fleets for the 2008 
Ozone NAAQS Serious classification for its portion of the NYMA. The EPA 
is also proposing to approve New Jersey's reasonable further progress 
plans and associated motor vehicle emission budgets for both the 
Moderate and Serious classifications of the 2008 Ozone NAAQS in the 
NYMA.
    EPA is soliciting public comments on the issues discussed in this 
notice. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

V. Environmental Justice Considerations

    New Jersey provided a supplement to the SIP submission being 
proposed for approval with this rulemaking on June 6, 2024. The 
supplemental submission briefed the EPA on Environmental Justice (EJ) 
considerations within New Jersey by detailing the State's programs and 
initiatives addressing the needs of communities with EJ concerns that 
have been ongoing since 1998. Although New Jersey included 
environmental justice considerations as part of its SIP submittal, the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation.
    In its supplement, New Jersey discussed how the State has been 
addressing the needs of communities with EJ concerns since 1998, 
including assisting in the creation of the Environmental Equity Task 
Force, which later evolved into the Environmental Justice Advisory 
Council (EJAC). EJAC and its predecessor have held regular meetings 
that include EJ advocates and the New Jersey Department of 
Environmental Protection (NJDEP) to discuss and address issues of 
concern.
    New Jersey has also noted that the State has implemented numerous 
initiatives, collaborations, Administrative Orders and Executive Orders 
to address the needs and concerns of overburdened communities. New 
Jersey provided a timeline of the EJ actions implemented by the State, 
both prior to the SIP submittals on January 2, 2018, and November 23, 
2021, and subsequent to it, to note its continued attention to 
environmental justice in the State.
    New Jersey's Administrative Orders (AO) and Executive Orders (E.O.) 
include the State's first EJ E.O. issued by Governor James E. McGreevey 
in 2004 (E.O. No. 96), an EJ E.O. issued by Governor Jon Corzine in 
2009 (E.O. No. 131), an EJ AO issued by NJDEP Commissioner Bob Martin 
in 2016 (AO 2016-08) and an EJ E.O. issued by Governor Phil Murphy in 
2018 (E.O. No. 23). Notably, U.S. Senator for New Jersey, Cory Booker, 
introduced the first Federal EJ bill in 2017 (S.1996--Environmental 
Justice Act of 2017).
    Additionally, New Jersey also created the ``What's In My 
Community?'' tool, a GIS-mapping web application that allows a user to 
see the air permits issued in their community. The tool also identifies 
overburdened communities,

[[Page 56693]]

schools, hospitals, and emergency services. The public users can also 
see measurements from air monitors and generate a report when using the 
tool.
    The EPA has reviewed this material but has determined that 
conducting a comprehensive EJ analysis is not necessary in the context 
of this SIP submission for addressing planning elements for the 2008 
and 2015 ozone 8-hour NAAQS, as the CAA and its applicable implementing 
regulations neither prohibit nor require such an evaluation of EJ in 
relation to the relevant requirements. Additionally, there is no 
evidence suggesting that this action contradicts the goals of E.O. 
12898 or that it will disproportionately harm any specific group or 
have severe health or environmental impacts.
    However, the EPA expects that this action, which assesses whether 
New Jersey's SIP adequately addresses planning elements for the 2008 
and 2015 ozone 8-hour NAAQS, will generally have a neutral impact on 
all populations, including communities of color and low-income groups. 
At the very least, it will not worsen existing air quality standards.
    In summary, the EPA concludes, for informational purposes only, 
that this proposed rule will not disproportionately harm communities 
with environmental justice concerns. New Jersey did evaluate EJ 
considerations voluntarily in its SIP submission, but the EPA's 
assessment of these considerations is provided for context, not as the 
basis for the action. The EPA is taking action under the CAA 
independently of the State's EJ assessment.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 
2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    In addition, this proposed rulemaking action pertaining to New 
Jersey's submissions, is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian Tribe 
has demonstrated that a Tribe has jurisdiction. In those areas of 
Indian country, the rule does not have Tribal implications and will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The NJDEP evaluated environmental justice as part of its SIP 
submittal even though the CAA and applicable implementing regulations 
neither prohibit nor require an evaluation. The EPA's evaluation of the 
NJDEP's environmental justice considerations is described above in the 
section titled, ``Environmental Justice Considerations.'' The analysis 
was done for the purpose of providing additional context and 
information about this rulemaking to the public, not as a basis of the 
action. The EPA is taking action under the CAA on bases independent of 
New Jersey's evaluation of environmental justice. In addition, there is 
no information in the record upon which this decision is based that is 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-14927 Filed 7-8-24; 4:15 pm]
BILLING CODE 6560-50-P